Tearful family members object to Velkov's sentence

Roumen Velkov pleaded guilty this morning in Henderson County Superior Court to involuntary manslaughter and was sentenced to 48 to 60 months in jail.

By Emily WeaverTimes-News Staff Writer

Roumen Todorov Velkov pleaded guilty this morning in Henderson County Superior Court to involuntary manslaughter and was sentenced to four to five years in jail with credit for time served.Family members of the five people who died when Velkov drove his tractor-trailer into a line of stopped traffic on I-26 in 2010 wept that the sentence was a “miscarriage of justice.” One by one, they stood in front of the court describing their loved ones and the void their deaths created. As his translator relayed their cries, Velkov began to rock with his head lowered. Tears streamed down his face.N.C. Highway Patrol troopers say Velkov, 48 at the time of the wreck, never braked as he plowed into traffic along eastbound Interstate 26 near Fletcher around 11 p.m. Oct. 24, 2010. The vehicles were stopped because of a previous accident near the Butler Bridge Road overpass.The 18-wheeler careened into nine vehicles and a guardrail before finally coming to rest, according to investigators.Velkov pleaded guilty to five counts of involuntary manslaughter, and Judge Alan Thornburg consolidated the charges into three counts. Each count carries a maximum sentence of 50 months, or a little more than four years, in prison. Velkov, who has been in jail for 29 months and has no prior criminal record, was sentenced to 16-20 months for each of the three counts, with credit for time served. He still has at least 19 months but no more than 31 months to serve, or a year and seven months to two years and seven months.In addition to involuntary manslaughter, Velkov was charged with one count of assault causing serious bodily injury, which was dropped, and having falsified records and holding an improper medical certificate, which he pleaded guilty to.‘You've left me with nothing'Charles Novak, 22, was killed instantly in the chain-reaction collision set off by Velkov's tractor-trailer. “Sixteen to 20 months,” his mother, Jackie Novak, cried out in court Friday. “You took everything from me,” she said to Velkov. “You've left me with nothing.”She said Charles Novak was her only son, and she recalled the day he was first handed to her in the hospital. “They said, ‘Here's your son,'” she cried. “Immediately, like every parent, I started thinking about birthday parties and graduation and grandchildren.”Through sobs, she recalled the day her son was handed to her for the last time — at his funeral.“This is my son. This is what is left of my son,” she said, holding up a duffle bag containing his ashes. “I couldn't have any more children. I had six miscarriages. He was my miracle and you just took him away because you didn't feel like stopping,” Jackie Novak said through tears. Crash investigators suspect Velkov fell asleep behind the wheel. Trooper Chris Jeffries testified in court Nov. 16, 2010 that Velkov told him at the scene, “I could not stop.”Witnesses testified in 2010 that Velkov was driving erratically, weaving and straddling lanes at a high rate of speed, and showed no sign of slowing down as they approached the line of stalled traffic.Jeffries said Velkov's vehicle was in proper working order and that Velkov tested negative for drugs and alcohol. Investigators found a falsified medical certificate for Velkov and a falsified driving log.The wreck claimed the lives of Novak, of Hendersonville; 23-year-old Theresa Seaver of Asheville; Amber Reed, 26, of Hendersonville; and Gail Kimble, 55, and Alvin Kimble Jr., of Lexington, S.C. “That October Sunday was a beautiful one spent in her company. We talked of plans for her future, her wanting to be a nurse,” Christy Seaver Baker said of her sister, Theresa Seaver. “I have no doubt in my mind that if her life were spared, she would be impacting countless more people with her infectious spirit and compassion as a nurse ... which she so desperately wanted to be.”“I mourn her hopes, her passion and her dreams. She will never be able to live to her full potential,” Baker added. “Picking out an urn for your beloved sister — when all I wanted to do was just hold her one more time. The coldness of it all haunts me to this day still.”Gail Kimble died 30 minutes after the crash. Reed passed away two days later.Keara Carpenter and Lacey Frederics were both seriously injured in the pile-up.Reed's parents also spoke. “We are still hearing from people whose lives have not only been touched, but in one way or another, bettered by our Ami. She was sweet, kind, loving, funny and she made every day of my life brighter just by being mine,” her mother, Nita Nalley, said while reading a tearful statement to the court. “She died as she lived, doing for others. She was an organ donor and there were six people whose lives were impacted by Amber, and they never even met her. She was my child, my inspiration and my hero. Amber was and will forever be, ‘My special angel.'”“I do not have to convince Mr. Velkov of his horrible act, but to show the court that he deserves to spend as much time in jail as the court allows. I know that no matter what the outcome, it will not bring back our loss,” said Amber Reed's father, Alfred Nalley.“There is a picture of Amber and me dancing at her wedding two years before her death. ...As we danced she said, ‘Daddy this is your song.' Playing was ‘I Loved Her First,'” Alfred Nalley said. “This would be my last dance with my Ami.”Assistant District Attorney Doug Pearson said there were inconsistencies noted on Velkov's driver's log of times he should have been driving and resting. He said drivers are required at all times to carry a certificate from a medical examiner showing physical fitness and ability to drive.Pearson said Velkov's certificate was “falsely obtained with false documentation.”“What Mr. Roumen Velkov has done is nothing short of a life sentence to me and our family,” said Alfred Nalley. “It was Mr. Roumen Velkov solely alone who killed five innocent members of our families and injured nine others.” “We now live miles away from where Teri took her last breath,” Baker cried. “I have to live with knowing that on her way back from visiting me that Sunday in October, she died a gruesome death while I slept so soundly in my bed in Charlotte. Since her death, I wake up every morning feeling this emptiness and sadness deep in my gut — this is how I start my days.” Jackie Novak's sister, Michelle Novak, doubled over, shuddering with sobs as she explained the affect her nephew's death has had on her and her sister. After the plea, the two talked about their next trip to Washington, D.C., where they said they will continue to lobby for change in trucking safety laws.“We will change it for the next family,” Jackie Novak said.Some changes are already in the works, they said. Medical certificates are “much more difficult to get now,” Jackie Novak said, and truck drivers are also required to put in so many training hours.Reach Weaver at emily.weaver@blueridgenow.com or 828-694-7867.